One of four men who were arrested last month and accused of illegally crossing the Canadian-U.S. border says that federal agents failed to stop an interview after he requested a lawyer.
Ibrahim Ayud Khan, 27, is asking a federal judge to suppress his statements to two FBI agents that he says he made after being talked out of asking for an attorney.
The federal prosecutor, Joel Casey, has yet to respond to Khan’s allegations in court. Neither Casey nor Khan’s attorney could be reached Wednesday afternoon.
Khan and three others were arrested this month after Border Patrol agents found them walking down a 96-mile private logging route in Maine known as Golden Road, according to federal court records. None of the men are citizens and told agents they were from the United Kingdom.
Border Patrol agents at the St. Zacharie port had received tips about the men from sugar maple workers crossing the border for work that morning, court records state. They also arrested two individuals, both U.S. citizens, whom the government suspects were involved in human smuggling. No charges have been publicly filed in court.
Khan was one of two men who spoke with federal agents after he was taken into custody, according to court records.
His lawyer, Chris Nielsen, said two FBI agents read Khan his Miranda rights, including that he had the right to remain silent and request a lawyer.
“Could I get a Lawyer?” Khan then asked, twice, according to a partial transcript of his interview that Nielsen filed in court.
“I’m sorry,” Special Agent Stephen Flinger said.
“Could? You tell me,” Flinger said according to Nielsen’s filing. “Do you want one or do you not want one? You can get a Lawyer, but what’s going to happen is you’re gonna wait a lot longer than you’ve already waited. We’re hours from any city that has a lawyer.”
“At this point, the agents should have ceased questioning the Defendant,” Nielsen argued. Instead, they continued to question him for another two hours.
Although Khan answered, Nielsen said he had waived his rights involuntarily and unknowingly.
Editor’s note: This story was updated on April 29 to correct the spelling of Chris Nielsen’s name.
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